Summary
reinstating initial judgment in New York State Nat'l Organization for Women v. Terry, 961 F.2d 390 [2d Cir. 1992], vacated and remanded sub nom. Pearson v. Planned Parenthood Margaret Sanger Clinic, ___ U.S. ___, 113 S.Ct. 1233, 122 L.Ed.2d 640, and directing that application for relief in light of Bray be addressed by district court in first instance
Summary of this case from Women's Health Care Serv. v. Operation RescueOpinion
Nos. 1427, 1552 and 1553, Dockets 90-6187, 91-6011 and 91-6029.
Argued May 20, 1991.
Decided April 13, 1992. Vacated March 29, 1993. Reinstated July 2, 1993.
William P. Harrington, White Plains, NY and A. Lawrence Washburn, Jr., New York City (Bleakley, Platt Schmidt, White Plains, NY, Michael P. Tierney, Karin M. Burke, Legal Center for Defense of Life, New York City, and Joseph P. Secola, McCarthy Secola, New Milford, CT, of counsel), for defendants-appellants and respondents-appellants.
David Cole, Washington, DC and Ruth Jones, Deborah Ellis, New York City (Center for Constitutional Rights, Washington, DC, NOW Legal Defense Educ. Fund, New York City, of counsel), for plaintiffs-appellees.
Hillary Weisman, Asst. Corp. Counsel for the City of New York, New York City (O. Peter Sherwood, Corp. Counsel for the City of New York, of counsel), for intervenor-appellee.
The judgment entered pursuant to our initial opinion on this appeal, see 961 F.2d 390 (2d Cir. 1992), was vacated by the Supreme Court and remanded for reconsideration in light of Bray v. Alexandria Women's Health Clinic, ___ U.S. ___, 113 S.Ct. 753, 122 L.Ed.2d 34 (1993). We reinstate the judgment.
We initially decided this appeal in New York State National Organization for Women v. Terry, 961 F.2d 390 (2d Cir. 1992). The Supreme Court granted certiorari sub. nom Pearson v. Planned Parenthood Margaret Sanger Clinic, and vacated and remanded for further consideration in light of Bray v. Alexandria Women's Health Clinic, ___ U.S. ___, 113 S.Ct. 753, 122 L.Ed.2d 34 (1993). Pearson, ___ U.S. ___, 113 S.Ct. 1233, 122 L.Ed.2d 640 (1993). We then directed the submission of letter briefs by the parties regarding the proper disposition upon remand.
We now reinstate the initial judgment in this appeal entered pursuant to our prior opinion. Applications for such relief in light of Bray as dismissal of the federal claims, a remand of the action to state court, or reconsideration of the contempt sanctions litigated on this appeal should be addressed in the first instance to the district court.